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Tag: misconduct

ABA - American Bar Association

ABA passes anti-discrimination rule

Early last week, the American Bar Association (“ABA”) House of Delegates passed an amendment to the Model Rules of Professional Conduct prohibiting lawyers from engaging in any harassment or discrimination as it relates to the practice of law.  The amendment’s passage comes after months of debate, comment, and revision.  Revised Resolution 109 passed the ABA House of Delegates by a voice vote and without any dissenting comments from the house floor.  The newly adopted version of the rule is reflective […]

Burden of Proof

Burden of proof in attorney discipline cases

In a recent attorney discipline case before the Utah Supreme Court, the disciplined attorney argued that the proper burden of proof for attorney disciplinary proceedings involving “criminal acts” is proof beyond a reasonable doubt.  However, the Supreme Courts rejected the attorney’s invitation, holding that the burden of proof applicable to attorney discipline proceedings, whether or not they involve claims of criminal acts, under the Utah Rules of Lawyer Discipline is proof “by a preponderance of the evidence.” Disciplined Attorney Charged […]